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uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden.

Overhanging Trees



 
 
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  #1  
Old November 29th 06, 11:40 AM posted to uk.legal.moderated
Kirk
external usenet poster
 
Posts: 14
Default Overhanging Trees

Can someone help with anything that can help to remove a neighbours
overhanging Leylandii.
OK here's the detail... I have a boundary 6 foot high fence ( my
responsibilty from the deeds to maintain) and at the bottom of the garden
the two adjacent property owners planted twenty years ago a row of Leylandii
about 12-18 inches from my fence on their own land... Needless to say ,
prior to tall trees legislation, they were allowed to reach some 50 foot
high ( gardens are typically 40 foot long). Tall Trees legislation saw a
reduction to around 20 foot, but each time I fill in the forms for the local
council to act, I'm thwarted by the two owners having the tops chopped
within days, beofre allowing them to grow again. The reduction is to about
12 foot, but they are now at 20foot again after six months. This is not the
problem though, what causes most problems is the overhang onto my property,
something the tall treess legislation doesn't deal with. The 'spread' of the
leylandii is now around 8 foot onto my property ( a large part of a 40foot
long garden) I know I can cut and and remove ( and return) anything that
overhangs, but me being disabled, and the sheer size will need some
mechanical removal.. Letters written to them , are ignored...

Is there any thoughts what might be of help to recover what is my land under
the overhanging branches, ?


  #2  
Old November 29th 06, 01:35 PM posted to uk.legal.moderated
Peter Crosland
external usenet poster
 
Posts: 4,084
Default Overhanging Trees

Kirk wrote:
Can someone help with anything that can help to remove a neighbours
overhanging Leylandii.
OK here's the detail... I have a boundary 6 foot high fence ( my
responsibilty from the deeds to maintain) and at the bottom of the
garden the two adjacent property owners planted twenty years ago a
row of Leylandii about 12-18 inches from my fence on their own
land... Needless to say , prior to tall trees legislation, they were
allowed to reach some 50 foot high ( gardens are typically 40 foot
long). Tall Trees legislation saw a reduction to around 20 foot, but
each time I fill in the forms for the local council to act, I'm
thwarted by the two owners having the tops chopped within days,
beofre allowing them to grow again. The reduction is to about 12
foot, but they are now at 20foot again after six months. This is not
the problem though, what causes most problems is the overhang onto my
property, something the tall treess legislation doesn't deal with.
The 'spread' of the leylandii is now around 8 foot onto my property (
a large part of a 40foot long garden) I know I can cut and and remove
( and return) anything that overhangs, but me being disabled, and the
sheer size will need some mechanical removal.. Letters written to
them , are ignored...

Is there any thoughts what might be of help to recover what is my
land under the overhanging branches, ?


Start here

http://www.gardenlaw.co.uk/



Peter Crosland



  #3  
Old November 29th 06, 02:20 PM posted to uk.legal.moderated
norbert
external usenet poster
 
Posts: 8
Default Overhanging Trees


"Kirk" wrote in message
k...
Can someone help with anything that can help to remove a neighbours
overhanging Leylandii.
OK here's the detail... I have a boundary 6 foot high fence ( my
responsibilty from the deeds to maintain) and at the bottom of the garden
the two adjacent property owners planted twenty years ago a row of
Leylandii
about 12-18 inches from my fence on their own land... Needless to say ,
prior to tall trees legislation, they were allowed to reach some 50 foot
high ( gardens are typically 40 foot long). Tall Trees legislation saw a
reduction to around 20 foot, but each time I fill in the forms for the
local
council to act, I'm thwarted by the two owners having the tops chopped
within days, beofre allowing them to grow again. The reduction is to about
12 foot, but they are now at 20foot again after six months. This is not
the
problem though, what causes most problems is the overhang onto my
property,
something the tall treess legislation doesn't deal with. The 'spread' of
the
leylandii is now around 8 foot onto my property ( a large part of a 40foot
long garden) I know I can cut and and remove ( and return) anything that
overhangs, but me being disabled, and the sheer size will need some
mechanical removal.. Letters written to them , are ignored...

Is there any thoughts what might be of help to recover what is my land
under
the overhanging branches, ?


I expect that there are a lot of weeds growing under the trees on your side
of the fence. You should apply strong weedkiller to them on a regular basis.
Unfortunately it might soak down to the roots of the Leylandii.



  #4  
Old November 29th 06, 03:00 PM posted to uk.legal.moderated
zaax
external usenet poster
 
Posts: 278
Default Overhanging Trees

Kirk wrote:

Can someone help with anything that can help to remove a neighbours
overhanging Leylandii.
OK here's the detail... I have a boundary 6 foot high fence ( my
responsibilty from the deeds to maintain) and at the bottom of the
garden the two adjacent property owners planted twenty years ago a
row of Leylandii about 12-18 inches from my fence on their own
land... Needless to say , prior to tall trees legislation, they were
allowed to reach some 50 foot high ( gardens are typically 40 foot
long). Tall Trees legislation saw a reduction to around 20 foot, but
each time I fill in the forms for the local council to act, I'm
thwarted by the two owners having the tops chopped within days,
beofre allowing them to grow again. The reduction is to about 12
foot, but they are now at 20foot again after six months. This is not
the problem though, what causes most problems is the overhang onto my
property, something the tall treess legislation doesn't deal with.
The 'spread' of the leylandii is now around 8 foot onto my property (
a large part of a 40foot long garden) I know I can cut and and remove
( and return) anything that overhangs, but me being disabled, and the
sheer size will need some mechanical removal.. Letters written to
them , are ignored...

Is there any thoughts what might be of help to recover what is my
land under the overhanging branches, ?


bottle of bleach for each tree will help

--
zaax

  #5  
Old November 30th 06, 10:20 AM posted to uk.legal.moderated
Adrian
external usenet poster
 
Posts: 2,710
Default Overhanging Trees

Kirk ) gurgled happily, sounding much like they were
saying :

what causes most problems is the overhang onto my property, something the
tall treess legislation doesn't deal with. The 'spread' of the
leylandii is now around 8 foot onto my property ( a large part of a
40foot long garden) I know I can cut and and remove ( and return)
anything that overhangs, but me being disabled, and the sheer size
will need some mechanical removal..


Unfortunately for you, I think the only possible response is "Perhaps you
shouldn't have left it so long to trim your side of them?"

I'm not sure that you've got a very strong argument for needing them to be
cut back *now* given that they've been growing over onto your side of the
property for long enough to spread that far. 8ft spread isn't overnight
growth.

  #6  
Old November 30th 06, 11:20 AM posted to uk.legal.moderated
Kirk
external usenet poster
 
Posts: 14
Default Overhanging Trees



Unfortunately for you, I think the only possible response is "Perhaps you
shouldn't have left it so long to trim your side of them?"

I'm not sure that you've got a very strong argument for needing them to be
cut back *now* given that they've been growing over onto your side of the
property for long enough to spread that far. 8ft spread isn't overnight
growth.

11 years ago when I wrote the first recorded delivery letter to the owners.
Have you seen how fast a well established leylandii spreads when its is
'topped' as happened when the 'Tall Trees' legislation came in.


  #7  
Old November 30th 06, 01:35 PM posted to uk.legal.moderated
Adrian
external usenet poster
 
Posts: 2,710
Default Overhanging Trees

Kirk ) gurgled happily, sounding much like they were
saying :

Unfortunately for you, I think the only possible response is "Perhaps
you shouldn't have left it so long to trim your side of them?"

I'm not sure that you've got a very strong argument for needing them
to be cut back *now* given that they've been growing over onto your
side of the property for long enough to spread that far. 8ft spread
isn't overnight growth.


11 years ago when I wrote the first recorded delivery letter to the
owners.


Right. But that was about the top of the tree - not the spread sideways,
which you've always had a right to trim where it comes over the boundary
onto your land.

Have you seen how fast a well established leylandii spreads when its is
'topped' as happened when the 'Tall Trees' legislation came in.


Apparently it'll grow 8ft spread in about 11 years...

  #9  
Old November 30th 06, 08:25 PM posted to uk.legal.moderated
Kirk
external usenet poster
 
Posts: 14
Default Overhanging Trees


...when the 'Tall Trees' legislation came in


I have a variety of Leylandii growing at the foot of my garden (single
tree) which I planted many years ago, and am interested to learn more
about this legislation as the tree is quite large now.

Can you post a URL perhaps?


http://www.google.co.uk/search?hl=en...lat ion&meta=

will get you a selection,

Hedgeline is a good guide in layman's terms
http://freespace.virgin.net/clare.h/JHdgAEasyGuide.htm

or contact your local council and they should have a booklet to send out...


 




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